Journal of Civil Law Studies


This paper aims to analyse the norms pertaining to the transfer and publicity of property rights from an economic perspective. It is a characteristic of this analysis that it puts the rules that regulate these rights in relation with their associated negotiation costs. This offers a new approach to the examination of the definition, content, and transfer of these rights. Legal norms that minimize the problem of conflicts of ownership increase the value of property in the hands of its owners. One of the instruments oriented to reduce uncertainties of this type is the Land Register, which promotes the exchange of rights, and acts in areas that are fundamental to the economic system, such as the delimitation, attribution, and protection of property rights. In Europe, different models for the regulation of the transfer of property rights coexist, along with different models for the registration of property, so although the underlying conflicts of interest are similar throughout Europe, the way in which each legal system attempts to achieve the greatest degree of efficiency possible varies.

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